Wales: important info on home fees and finance for 'persons with leave to enter or remain' and family

09 January 2020

A “person with leave to enter or remain” (or their spouse, civil partner or child) is eligible for ‘home’ fees and student finance in Wales, if they meet certain other requirements. 

We reported on 9 September 2019 that the Welsh Government had changed its fees and finance regulations, to expand the definition of a “person with leave to enter or remain”. The definition now includes someone who has “been granted leave to remain on the grounds of family life under the immigration rules”. 

The Welsh Government has now confirmed to UKCISA that the group of people who count as having “been granted leave to remain on the grounds of family life under the immigration rules” includes anyone who has been granted leave to remain under Appendix FM of the immigration rules. This is because Appendix FM of the immigration rules opens with the words “This route is for those seeking to… remain in the UK on the basis of their family life”. A wide variety of people are given leave to remain under Appendix FM of the immigration rules – it is an immigration route that is used by partners, children, parents and adult dependent relatives of lots of different groups of people. 

Because of this, a person will count as having “been granted leave to remain on the grounds of family life under the immigration rules” if they can show either:

  • documentation confirming they have been granted leave to remain on the grounds of family life under the immigration rules; or
  • documentation confirming they have been granted leave to remain under Appendix FM.

It is important to check that it is “leave to remain”, rather than “leave to enter” - because this particular clause in the regulations only refers to people with leave to remain, not leave to enter. 

Once you are sure there is a person who meets this definition, you will need to check that all the other requirements are met. These other requirements are explained on the UKCISA website – there is separate information about the requirements for ‘home’ fees and student finance (open up ’10. Persons with leave to enter or remain').

One other question that UKCISA put to the Welsh Government was whether the fact that the regulations did not change until 9 September 2019 meant that students might not qualify for ‘home’ fees on the basis of the expanded definition until January 2020. Fortunately, the Welsh Government has said that its interpretation is that the changes in the regulations apply for all academic years that actually start on or after 1 August 2019, for student finance, and also for ‘home’ fees.

Check if you are entitled

If you think you might benefit from the change, read about all the requirements you need to meet for ‘home’ fees and student finance on the UKCISA website.  You should contact your education provider and Student Finance Wales about it as soon as possible.


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